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What is the issue? What are the rules? Who is liable? 4. Brass Horns, LLC, is a Washington company that sells musical instruments. Kyle is
What is the issue? What are the rules? Who is liable?
4. Brass Horns, LLC, is a Washington company that sells musical instruments. Kyle is a musician in Wisconsin who was in the market for a new tuba. Brass Horns has a website, but they do not take orders online. Instead, they list a phone number and tell online customers to call them directly to place an order. Kyle calls Brass Horns and asks about their tuba selection. He decides to place an order for a Topotheline Tuba and asks Brass Horns to mail it to his home in Wisconsin. He promises to send them a check and Brass Horns sends the tuba to Kyle in Wisonsin. Brass Horns had only sold one other instrument to someone in Wisconsin, about two years before Kyle's purchase. Kyle never sent the payment to Brass Horns. After trying to collect from him, Brass Horns hires an attorney and files a lawsuit against Kyle in Wisconsin. Kyle asks the court to dismiss the lawsuit, saying that Brass Horns is a foreign LLC that had never registered in Wisconsin. Will the judge dismiss the lawsuit based on Kyle's argument?
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